COASTAL Implementation Act of 2019

II 116TH CONGRESS 1ST SESSION S. 810 To clarify the authority of the Administrator of the National Oceanic and Atmospheric Administration with respect to post-storm assessments, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 14, 2019 Mr. WICKER introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To clarify the authority of the Administrator of the National Oceanic and Atmospheric Administration with respect to post-storm assessments, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COASTAL Implemen- 4 tation Act of 2019’’. 5 SEC. 2. NAMED STORM EVENT MODEL AND POST-STORM 6 ASSESSMENTS. 7 (a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND 8 MANAGEMENT ACT OF 2009.—Section 12312 of the Om- 9 VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 810 IS nibus Public Land Management Act of 2009 (33 U.S.C. 1 3611) is amended— 2 (1) in subsection (a)— 3 (A) in paragraph (2), by striking the pe- 4 riod at the end and inserting the following: ‘‘, 5 except that the term shall not apply with re- 6 spect to a State or territory that has an oper- 7 ational wind and flood loss allocation system.’’; 8 (B) in paragraph (6), by inserting ‘‘sus- 9 tained’’ before ‘‘winds’’; and 10 (C) in paragraph (7), by striking ‘‘that 11 threaten any portion of a coastal State’’ and in- 12 serting ‘‘for which post-storm assessments are 13 conducted’’; 14 (2) in subsection (b)— 15 (A) in paragraph (1)— 16 (i) in subparagraph (A)— 17 (I) by striking ‘‘540 days after 18 the date of the enactment of the Con- 19 sumer Option for an Alternative Sys- 20 tem to Allocate Losses Act of 2012’’ 21 and inserting ‘‘December 31, 2019’’; 22 and 23 (II) by striking ‘‘by regulation’’; 24 VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 810 IS (ii) in subparagraph (B), by striking 1 ‘‘every’’ and inserting ‘‘an’’; and 2 (iii) by adding at the end the fol- 3 lowing: 4 ‘‘(C) PUBLIC REVIEW.—The Administrator 5 shall seek input and suggestions from the public 6 before the Named Storm Event Model, or any 7 modification to the Named Storm Event Model, 8 takes effect.’’; and 9 (B) in paragraph (2)— 10 (i) by redesignating subparagraphs 11 (B) and (C) as subparagraphs (D) and 12 (E), respectively; 13 (ii) by inserting after subparagraph 14 (A) the following: 15 ‘‘(B) DATA COLLECTION.— 16 ‘‘(i) IN GENERAL.—Upon identifica- 17 tion of a named storm under subparagraph 18 (A), and pursuant to the protocol estab- 19 lished under subsection (c), the Adminis- 20 trator may deploy sensors to enhance the 21 collection of covered data in the areas in 22 coastal States that the Administrator de- 23 termines are at the highest risk of experi- 24 VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 810 IS encing geophysical events that would cause 1 indeterminate losses. 2 ‘‘(ii) RULE OF CONSTRUCTION.—If 3 the Administrator takes action under 4 clause (i), that action may not be con- 5 strued as indicating that a post-storm as- 6 sessment will be developed for any coastal 7 State in which that action is taken. 8 ‘‘(C) IDENTIFICATION OF INDETERMINATE 9 LOSSES IN COASTAL STATES.—Not later than 10 30 days after the first date on which sustained 11 winds of not less than 39 miles per hour are 12 measured in a coastal State during a named 13 storm identified under subparagraph (A), the 14 Secretary of Homeland Security shall notify the 15 Administrator with respect to the existence of 16 any indeterminate losses in that coastal State 17 resulting from that named storm.’’; 18 (iii) in subparagraph (D), as so redes- 19 ignated— 20 (I) by striking ‘‘identification of 21 a named storm under subparagraph 22 (A)’’ and inserting ‘‘confirmation of 23 indeterminate losses identified under 24 VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 810 IS subparagraph (C) with respect to a 1 named storm’’; and 2 (II) by striking ‘‘assessment for 3 such named storm’’ and inserting ‘‘as- 4 sessment for each coastal State that 5 suffered such indeterminate losses as 6 a result of the named storm’’; 7 (iv) in subparagraph (E), as so redes- 8 ignated— 9 (I) by striking ‘‘an identification 10 of a named storm is made under sub- 11 paragraph (A)’’ and inserting ‘‘any in- 12 determinate losses are identified 13 under subparagraph (C)’’; and 14 (II) by striking ‘‘for such storm 15 under subparagraph (B)’’ and insert- 16 ing ‘‘under subparagraph (D) for any 17 coastal State that suffered such inde- 18 terminate losses’’; and 19 (v) by adding at the end the following: 20 ‘‘(F) SEPARATE POST-STORM ASSESS- 21 MENTS FOR A SINGLE NAMED STORM.— 22 ‘‘(i) IN GENERAL.—The Administrator 23 may conduct a separate post-storm assess- 24 ment for each coastal State in which inde- 25 VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 810 IS terminate losses are identified under sub- 1 paragraph (C). 2 ‘‘(ii) TIMELINE.—If the Administrator 3 conducts a separate post-storm assessment 4 under clause (i), the Administrator shall 5 complete the assessment based on the 6 dates of actions that the Administrator 7 takes under subparagraphs (C) and (D).’’; 8 and 9 (3) in subsection (c)— 10 (A) in paragraph (1), by striking ‘‘540 11 days after the date of the enactment of the 12 Consumer Option for an Alternative System to 13 Allocate Losses Act of 2012’’ and inserting 14 ‘‘December 31, 2019’’; 15 (B) in paragraph (2), by inserting ‘‘, in the 16 discretion of the Administrator,’’ after ‘‘of sen- 17 sors as may’’; and 18 (C) in paragraph (4)(B), by inserting ‘‘and 19 expend’’ after ‘‘receive’’. 20 (b) AMENDMENTS TO THE NATIONAL FLOOD INSUR- 21 ANCE ACT OF 1968.—Section 1337 of the National Flood 22 Insurance Act of 1968 (42 U.S.C. 4057) is amended— 23 (1) in subsection (a)— 24 VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 810 IS (A) in paragraph (3), by striking the pe- 1 riod at the end and inserting the following: ‘‘, 2 except that the term shall not apply with re- 3 spect to a State or territory that has an oper- 4 ational wind and flood loss allocation system.’’; 5 and 6 (B) in paragraph (5), by inserting ‘‘sus- 7 tained’’ after ‘‘maximum’’; 8 (2) in subsection (b)— 9 (A) in paragraph (1), by striking ‘‘estab- 10 lish by rule’’ and inserting ‘‘publish for com- 11 ment in the Federal Register’’; and 12 (B) in paragraph (2)(B), by inserting after 13 ‘‘Elevation Certificate’’ the following: ‘‘, or 14 other data or information used to determine a 15 property’s current risk of flood, as determined 16 by the Administrator,’’; 17 (3) in subsection (c)(3)(A)(i), by striking ‘‘the 18 issuance of the rule establishing the COASTAL For- 19 mula’’ and inserting ‘‘publication of the COASTAL 20 Formula in the Federal Register as required by sub- 21 section (b)(1)’’; 22 (4) in subsection (h)— 23 VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 810 IS (A) by inserting ‘‘that issues a standard 1 flood insurance policy under the national flood 2 insurance program’’ after ‘‘company’’; and 3 (B) by striking ‘‘or the COASTAL For- 4 mula’’ and inserting ‘‘, the COASTAL For- 5 mula, or any other loss allocation or post-storm 6 assessment arising under the laws or ordinances 7 of any State’’; 8 (5) in subsection (i), by striking ‘‘after the date 9 on which the Administrator issues the rule estab- 10 lishing the COASTAL Formula under subsection 11 (b)’’ and inserting ‘‘60 days after publication of the 12 COASTAL Formula in the Federal Register as re- 13 quired by subsection (b)(1)’’; and 14 (6) by adding at the end the following: 15 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec- 16 tion shall be construed to create a cause of action under 17 this Act.’’. 18 Æ VerDate Sep 11 2014 23:08 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S810.IS S810 pamtmann on DSKBFK8HB2PROD with BILLS